- (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 2.6.1997 and 3.6.1997 respectively passed by Shri Prashant Kumar. 4th Additional Sessions Judge, Singhbhum West at Chaibasa in Sessions Trial No. 112 of 1991, convicting the appellants under Section 302/34, IPC and sentencing them to RI for life.
(2.) THE prosecution case in short is as follows: Risal Laguri (PW 2) lodged a fardbeyan on 17.2.1989 that there was a quarrel between his mother and the mother of appellant No. 1 over a basket for collecting cow dung. Thereafter, appellant No. 1 came to the house of informant and abused his mother. He gave a fist blow to his sister -in -law. His father and uncle tried to rescue her, whereupon appellant No. 1 caught his father, who was rescued by his brother. Thereafter appellant No. 1 brought a danda and started assaulting informants father and his uncle. In the meantime, his brother, appellant No. 2, came with spade and caused injury on his fathers head. Thereafter, appellant No. 1 took spade from him and assaulted informants uncle also and fled away. His father fell on the ground and ultimately died and his uncle was grievously injured. Appellants were charged under Sections 302/34 and 307/34, IPC to which they pleaded not guilty. They were acquitted under Section 307/34, IPC but were convicted under Section 302/34, IPC.
(3.) OUT of six prosecution witnesses, five are eye -witnesses PWs 1, 2, 3, 4 and 6. PW 5 is the doctor, who conducted postmortem on deceased -Birsa Laguri.;